Terms & conditions
1.1 Ancora Health B.V. (“Ancora”, “we” or “us”) offer Services through a Subscription Plan or Business Plan which offers online access to the website (www.ancora.health) (the “Site”) and through the application Ancora Health (the “App”). The contracting of the subscription or business plan and the use of those Services are governed by a Service Agreement between you and us or between your company (Employer) and us.
1.4 Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you separately. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
- About the Site and App
2.1 The Services comprise – without limitation – a mobile application on an iOS enabled mobile device or on an Android mobile device (“Personal Device”) that you own or control or access via a web browser at https://app.ancora.health/ (“Site” or each, an “App”), including all related documentation and related services, which enable users to:
- get their health data measured and collected via a physical assessment, an interview, the collection of urine, DNA and blood samples and an online self-assessment questionnaire;
- get their health data analyzed by Ancora analysts to quantify biomarkers, genes and lifestyle;
- receive a personalized, confidential health profile, including guidelines on nutrition, activity and lifestyle choices that could help to reduce health risks and/or prevent health issues.
2.2 The Site and App is designed and intended for use by EU residents who are at least 18 years of age and have reached the age of majority in their country of residence. The Site and App is provided exclusively for personal and private use. Therefore, it is forbidden to make additional copies or to allow others to use the Site or App without having received prior written consent of Ancora, excluded the sharing of your (personal) data via the share button with, for example, your general practitioner or any other health professional.
2.3 Services (such as the onboarding physical tests and samples) could be provided by third party providers under agreement with Ancora or certain of Ancora’s affiliates (any of them a “Third Party Providers“). You acknowledge that the Services may be made available under such Third-Party Providers including: (i) certain of Ancora’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including healthcare professionals.
2.4 THE SITE AND APP AND ANY INFORMATION STORED ON, GENERATED BY OR RECEIVED THROUGH THE SITE OR APP ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS, OR TREATMENT. PLEASE CONSULT YOUR GENERAL PRACTITIONER, HEALTH PROFESSIONAL, PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT.
- Use of the Services
3.1 In order to be able to fully use the Services, including the features of the App or the Site, you need to create an account. You agree to provide and maintain accurate, current, and complete information in your account. Ancora reserves the right to suspend or terminate your account if information provided during the creation of an account or thereafter proves to be inaccurate, not current, or incomplete.
3.2 When you create an account on the Site or App (“Account”), you create a password. Ancora does not have access to your passwords and if you forget your password, you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. The Site or App may only be accessed by you through the username and password and two factor authentication (2FA), which were provided to you. Enabling other individuals to use the App through your password and security code, is prohibited. You must immediately notify Ancora if you become aware of any unauthorized use of your Account.
3.3 You agree, in using the Services, not to: (a) attempt to gain unauthorized access to the Service, (b) abuse or burden Ancora’s systems, (c) take other steps which could limit the availability of the App or the Site to others, (d) use the Services in an unlawful way or in a manner which infringes the rights (including without limitation intellectual property rights) of others, (e) misrepresent your identity, (f) attempt to harvest or otherwise collect information about other end users, (g) sell or promote other products or services, (h) transmit any unsolicited advertising, junk mail, spam or other form of solicitation, (i) transmit, distribute or upload any programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or (j) copy, distribute, modify, adapt, translate, reverse engineer, or create derivative works based on any part of the Services, or (k) remove any copyright, trademark or other proprietary notices from any portion of the Services, or (l) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.
3.4 You acknowledge that Ancora can change, suspend or discontinue any aspect of the Services at any time without notice or end your access to the Services at any time for whatever reason we deem appropriate. You acknowledge that you understand that from time to time the service may be unavailable due to maintenance or other reasons.
3.5 The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, excluded the sharing of your (personal) data within the App or the Site via the Share button.
4.3 You agree that Ancora may collect and use technical data and related information, including but not limited to technical information about your device, system, application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, support and other services to you (if any) related to the Services and/or App and/or Site. Ancora may use this information, as long as it is in a form that does not personally identify you, to improve its services or to provide products or technologies to you.
4.3 The App and the Site enable the transmission of your personal data (“Customer Data”) from all your notes and your profile, which we will use to provide you with insights, personalized messages and content unique to your health situation.
4.5 End User shall own all right, title and interest in and to all of the Customer Data that is not personal data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such Customer Data.
4.7 Ancora shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party.
- Links and Third Party Services
- Availability of the App, Updates and Changes
6.1 You acknowledge and agree that:
- it is technically impossible to provide the Site or App free of defaults;
- defaults may lead to the temporary unavailability of the Site or App; and
- the availability and operation of the Site or App is dependent on conditions and services that Ancora does not control, such as, for example, telephone and internet connections.
6.3 You acknowledge that failing to promptly download and install all Updates may result in failure of the App to properly operate.
7.1 The Site, the App and all intellectual property rights associated therewith, such as author’s rights, copyrights, patents, trademarks, sui generis rights relating to databases, designs, logos, know-how and all other intellectual property rights (whether registered or not) contained in this App and/or Site are protected by applicable laws on intellectual property. You acknowledge and agree that Ancora and/or its licensors own all intellectual property rights in the Services. Except as expressly stated herein, this Agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services.
7.3 Apart from the License granted to you, and to the extent permitted by applicable law, the App/Site and intellectual property rights associated therewith cannot be reproduced, used or transferred without the prior written consent of Ancora, or, if the rights over the said elements are held by third parties, the consent of their respective owners.
7.4 The App and the Site contain material that is protected by intellectual property laws, including without limitation copyright law. Ancora owns or is licensed user of the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed on and from the App and the Site. You shall not copy, reproduce, modify, translate, adapt, republish, upload, distort, modify, alter, transmit, or distribute any element or component of the App/Site in any manner whatsoever, in any medium whatsoever, in part or in whole, without prior written consent of Ancora, or, if the rights over the said elements are held by third parties, the consent of their respective owners, and subject to compliance with intellectual property rights and other property rights that are mentioned. You shall not decompile, reverse engineer, disassemble the App/Site or disable a feature that could limit the use of the App/Site. You shall not rent or sublicense, lease, loan, sell, or distribute the App/Site and any intellectual property contained in the App/Site, or create derivative works of the App/Site or any part thereof without the prior written consent of Ancora. You shall not remove, alter or obscure any intellectual property notices (including copyright notices) on any authorized copy of the App/Site.
- Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANCORA OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, SITE OR SERVICES FOR:
(A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
(B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES IN THE PAST SIX (6) MONTHS.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ANCORA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT OF GROSS NEGLIGENCE OR WILLFULL MISCONDUCT BY ANVORA. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
In addition, it is your responsibility to take precautions to avoid contamination of the App/Site by notably one or more “viruses”, “Trojan horses” or any other “parasites”.
- General Information
9.1 These Terms are governed by and construed in accordance with the laws of the Netherlands, and you agree to submit to the exclusive jurisdiction of the courts of Amsterdam.
9.2 Any waiver of these terms will only be effective if it is in writing and signed by you and Ancora. If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
If you have any questions, complaints, or claims with respect to the App, Site or Services, they should be directed to firstname.lastname@example.org.
Ancora Health B.V.
9711 LM Groningen
Chamber of Commerce: 73031895